Risby v. State

Citations

• 17 Tex. Ct. App. 517
• 1885 Tex. Crim. App. LEXIS 22

Syllabus

<p>Self-defense — Charge of the Court.— Article 574 of the Penal Code does not qualify, enter into or refer to article 572 of the said Code, but has reference to article 570. Under a proper construction of this statute, it is a rule of self-defense that if one person attacks another in such manner as toi produce in the mind of the person attacked a reasonable expectation or fear of death or serious bodily harm, the party thus attacked is not required to resort to all other means save retreat to prevent the injury. If, however-, another person interferes in behalf of the person about to be injured, he will not be justified in killing the aggressor, unless the life or person of the injured party is in peril by reason of such attack. See the opinion of the court in extenso for charges of the trial court which, announcing a contrary doctrine, are held erroneous.</p>